New Delhi, February 21
Finding itself on a sticky wicket regarding evaluating the promotions of four officers to the rank of Air Vice Marshals (AVMs) in 2003, the Defence Ministry today told the Supreme Court it had decided to give two-year extension to retired Air Marshal Harish Masand, who was allegedly rated down during the promotion process.
This came as a major victory for Masand on whose petition the Delhi High Court had quashed the promotions of four AVMs because the Special Promotion Board (SPB) of February, 2003 had enhanced the board assessment marks from 5 per cent to 20 per cent keeping him out of contention.
After being denied promotion, Masand, had retired on January 2004. The apex court had directed the Defence Ministry to reconstitute the promotion board and evaluate the promotions afresh on the basis of 95 per cent (Appraisal Report) and 5 per cent (board marks) ratio.
Solicitor General (SG) G.E. Vahanvati, to whom the court had during last hearing given responsibility to assist it in the “just adjudication” of the matter and take it up with the same spirit with the Defence Ministry, told a Bench of Mr Justice Y.K. Sabharwal and Mr Justice P P Naolekar that Masand “will be given a supernumery post in a higher rank with special assignment.”
He said as per the AR percentage either considered by the 2003 promotion board, or the present one, Masand had stood first but his rating came down because of the board marks, reduced due to certain “adverse” reports against him. Masand had contended that the adverse reports against him were due to former Chief of Air Staff Krishnaswamy’s personal difference with him.
However, in the case of T.S. Chhatwal, who had also filed a petition with Masand, SG said his ranking had been at number 12 even after re-evaluation, and, therefore he was out of contention.
The High Court, while quashing the promotions of AVMs - A.D. Joshi, J.S. Gujaral, F.H. Major and A.K. Singh - had passed severe strictures against Air Marshal Krishnaswamy.
The apex court posted further hearing in the matter on February 28 after SG said the matter needed to be disposed of as early as possible as its continuation would cause more harm to the institution and have “demoralising” effect on the force as a whole.
With government’s decision to give two years
extension to Air Vice Marshal Masand, he would virtually continue in service till January 2006.
